2005 MLD 1053

The petitioner who is an Ahmadi was promoted as Superintendent (BS-16) in the Auqaf Organization. The said order of promotion was re-called on 6-8-1996 on the ground that proviso to section 5(1) of the Punjab Waqf Properties Ordinance, 1979 (IV of 1979) as inserted therein by Punjab Ordinance No. XIII of 1984, did not permit promotion of a non-Muslim as an officer. The petitioner approached this Court in Writ Petition No. 13894 of 1996 which was allowed vide order dated 18-9-2000 after finding that the petition was condemned unheard.

The guarantee against discrimination on the ground of religion is absolute and not subject to reasonable qualification or restriction. The exceptions to that said guarantee have been provided by the Article itsel. Therefore, the proviso to section 5(1) added to the Punjab Waqf Properties Ordinance, 1979 (IV of 1979) by the Punjab Ordinance NO. XIII of 1984 is repugnant to the Article 27 and is thus void by virtue of operation of Article 8 of the Constitution.
For what has been stated above, this petition is allowed with costs which are fixed at Rs. 5,000. [pp. 1054, 1055, 1056] A, B & C